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CA AB742
Bill
Status
5/12/2011
Primary Sponsor
Jim Beall
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AI Summary
AB 742 Summary
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Prohibits lead agencies from approving reclamation plans for aggregate products mining operations located within 2,000 yards of an Indian reservation boundary and within 5,000 yards of a Native American sacred site and 4,000 yards of the Santa Margarita River or a hydrologically connected aquifer, unless the nearest tribe consents to the operation.
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Maintains existing prohibition on approving reclamation plans for metallic mineral mining (gold, silver, copper) within one mile of a Native American sacred site in areas of special concern unless excavations are backfilled to restore original contours and sufficient financial assurances are provided.
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Defines "Native American sacred site" as areas identified by federally recognized Indian tribes or the Native American Heritage Commission as sacred due to historical, cultural, or ceremonial significance, including prayer circles, shrines, petroglyphs, and spirit breaks.
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Defines "Area of special concern" as Class C or Class L lands in the California desert or Areas of Critical Environmental Concern designated under the California Desert Conservation Area Plan of 1980.
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Takes effect immediately as an urgency statute to protect Native American reservations and sacred sites from imminent destruction by proposed mining operations.
Legislative Description
Surface mining: Indian reservations and Native American
Last Action
From committee: Do pass and re-refer to Com. on RLS. (Ayes 7. Noes 0.) (August 23). Re-referred to Com. on RLS.
8/23/2011